RITA DUTTA AND ANOTHER Vs. SUBRATA CHATTERJEE

JUDGEMENT

(1.) - This Revisional application under Sec. 115 of the Code of Civil Procedure is at the instance of tenants defendants in a suit for eviction and is directed against Order No. 43 dated April 24, 1995 passed by the Munsif, 1st Court, Barasat in Title Suit No. 226 of 1990 thereby rejecting an application under Sec. 5 of the Limitation Act for condonation of about three years delay in preferring an application under Sections 17(2) and 17(2A) of the West Bengal Premises Tenancy Act.

(2.) The Opp. party filed the aforesaid suit in the year 1990 for eviction of the present petitioners on the ground of default, sub-letting, addition and alteration and on the ground of causing damage to the suit property.

(3.) After entering appearance in the suit, the present petitioners filed written statement but did not file any application under Sections 17(1), 17(2) or 17(2A) of the West Bengal Premises Tenancy Act within the time fixed under law. The Opp. party in the meantime filed an application under Sec. 17(3) of the Act for striking out defence against delivery of possession on the ground that the petitioners have not complied with the provisions contained in Sections 17(1), 17(2) or 17(2A) of the aforesaid Act. The present petitioners filed written objection to the said application under Sec. 17(3) of the Act thereby specifically contending that West Bengal Premises Tenancy Act had no application to the area where the suit property is situated and as such, the application under Sec. 17(3) of the Act was not maintainable.